Beni Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56165 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== Beni Manjhi, S/o Late Boki Manjhi, Resident of Village- Karanja, Police Station- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 342, 354(B), 307, 506/34 of the Indian Penal Code and 8 of POCSO Act.

The prosecution case, in brief, is that while the informant's daughter went to attend call of nature, she was taken away by co-accused. When the informant was going to Police Station, she was assaulted by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the

Patna High Court Cr.Misc. No.56165 of 2018(3) dt.26-11-2018 2/2 petitioner. No specific overt act has been attributed against the petitioner. The other co-accused namely Karu Manjhi and Dilip Manjhi with similar allegation have been granted anticipatory bail by this court vide order dated 06-09-2018 passed in Cr. Misc. No. 52284 of 2018. The allegation of Section 8 of POCSO Act is said to have been made against other co-accused Jito Kumar.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cum-Special Judge, Banka in connection with Shambhuganj P.S. Case No. 90 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T